Transfer the Risk of Loss to Others

Don’t bear the responsibility that belongs to others

There are two common situations in which local sports organizations need to be careful to protect themselves from assuming the risk of loss (Ex: bodily injury to a spectator or player and property damage liability) that should fall upon the other party. These situations occur with field/facility owners from whom practice and playing fields are leased and with vendors who provide critical services to the sports organization.

When the negligence of these parties is the cause of injury to a third party, you want them and their insurance carriers to be responsible for providing legal defense and paying any damages. One of the best ways to achieve this result is to make sure that you have a contract in force with them that specifies this outcome. Of course, this simply requires a review of your lease and vendor services agreements and occasional negotiation of provisions regarding insurance requirements and hold harmless/indemnification.

Below are two articles that provide clear instructions on how to deal with these two situations: